Tex. R. Civ. P. 510.9 · Part V. RULES OF PRACTICE IN JUSTICE COURTS
REQUEST FOR IMMEDIATE POSSESSION
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
(a) Immediate Possession Bond. The plaintiff may, at the time of filing the petition or at any time prior to final judgment, file a possession bond to be approved by the judge in the probable amount of costs of suit and damages that may result to defendant in the event that the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant all such costs and damages that are adjudged against plaintiff.
(b) Notice to Defendant. The court must notify a defendant that the plaintiff has filed a possession bond. The notice must be served in the same manner as service of citation and must inform the defendant that, if judgment for possession is granted, an officer may place the plaintiff in immediate possession of the property after the defendant is served with notice of the judgment.
(c) Time for Issuance and Execution of Writ. A writ of possession must issue immediately upon demand and payment of any required fees and may be executed immediately if:
(1) a possession bond has been filed and approved;
(2) notice of the bond under (b) was served at least 7 days prior;
(3) a judgment for possession has been rendered; and
(4) if the defendant fails to appear at trial, the plaintiff has served the judgment in compliance with Rule 510.16(b).
(d) Effect of Appeal. If the defendant has perfected an appeal and paid rent into the registry, as required by these rules, then a writ of possession must not issue.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 287–288)
- Text hash
- sha256 1c0826c44d28f4b12730f32a384aa585b494c2076e93d730dd3c49a0c7742fe3
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Texas Rules of Civil Procedure
Cited by 1 provision
Provisions in this library whose text cites Tex. R. Civ. P. 510.9. Each shows the citation as that text prints it.
Texas Rules of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.